sudesna (-) 12 October 2012

Relative marriage - hindu

My brother is doing his business in bangalore , last 11 year he is in Bangalore . now he is 28 years . He love my father's sister's daughter's daughter. she is also studing in bangalore and 21 year old , staying in college hostel. She also love my brother and want to marry him after her studies . Still parents do not know about this .

We are from west bengal ( south 24 pgs ) , hindu , kayastha .Both their parents live in wesi bengal. 4 year back both of them meet each other first time, beforethat they did not knowing each other . According to my brother and his south indian friends this relative marriage is not a problem in bangalore .

Respected lawers, i want to know is this marriage possible legally according to hindu marriage act or any other act ? please help me and my family .

thank you .

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3 Replies

Bhawani Mahapatra (Law Officer) 12 October 2012

Dear Sudeshna

As per law, your brother & your father's sister's daughter's daughter comes within the degree of prohibited relationship. So this marriage cannot be solemnised as per law.

But if your society allow such marriage, or your society doesn't prevent such relationship then this can be possible but as per customery marriage ceremony. The reason is if the society permits such marriage, then nobody will challange such marriage.

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GURMUKH (CS) 12 October 2012

Dear Sudesna,

The marriage cannot take place under Hindu Marriage Act 1955. It talks about prohibited degrees and sapinda relationship. Though your case is not covered by prohibited degrees but this is covered by sapinda relationship. As boy and girl have common ancestor within 5 degrees from male side and three degree from female side, they both are sapinda to each other. sapinda's can not marry as per Hindu Marriage Act, 1955 unless the custom governing each of them permit marrige between the two.

However, this marriage can take place under Special Marriage Act, 1954 because it does not include sapinda concept to prohibit the marraige. Still I advise u to have second opinion on the issue.

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sudesna (-) 13 October 2012

is this mariage possible under special marriage act? if possible how to arrange this marriage or register? please help